Carpenter's Revenge!
by Ann Murry
Summary: This is my version of what happened after Jesse! I've read some really awesome versions to this and really loved the one written by KCFAN!
1. Chapter 1

Carpenter did as he promised and buried Jesse on the trail. After reading Paslm 23 from the cooks own bible, he passed it off to Festus before inviting the two deputies to stay the night before leaving for Dodge the next day.

The next morning, Festus got up earlier than usual. Still trying to wrap his head around what happened, he was a little more than surprised to see Dave Carpenter was up as well.

"Festus," Carpenter said pouring the hillman a cup of coffee. "I was hoping to find you awake."

"Wal I'm a little surprised to see you up Mr. Carpenter," Festus said quietly. "What can I do fer ya."

"I'm requesting your help," Carpenter said evenly. "I've found that no good Judge that Jesse had that gave him that sentence. His names Roberts and he's in Unionville. Me and some of my boys want to pay him a little visit and I was hoping you'd come along."

"Mr. Carpenter," Festus said looking at the man. "Wal ya all know I'm a Deputy Marshal. I can't go with you and I can't let ya do that neither."

"We're not asking for your permission Festus," Carpenter said. "I was hoping as one of Jesse's close friends, you would of all people understand why we got to do this."

"I know how ya feel," Festus said gently. "But I can't help."

Carpenter nodded. "At least give us some time to get on our way before you sound any alarms."

"I'll have ta study on that one," Festus said as Carpenter nodded.

"You've been awfully quite," Newly said later that night as the hillman remembered his conversation with Carpenter that morning.

"Newly, if ya think someone is gonna do something that's not within the law but ya know they doing it fer the right reasons," Festus said thoughtfully. "Does that still make it wrong?"

"What are you talking about Festus," Newly said studying the hillman's face.

"Ol Mr. Carpenter tole me this morning, he was a thinkin of going after that Judge, Roberts I think he said in Unionville, he's the feller who give Jesse that ten year sentence," Festus blurted out.

"You think he is," Newly asked lowly.

"I don't rightly know fer sure," Festus replied shaking his head.

"Well in any event," Newly replied. "We'll be back in Dodge tomorrow, we'll tell the Marshal and see what he says."

Matt sighed and then crossed his arms as he and Doc standing outside the Long Branch watched Newly stop in front of them and climb down off his horse.

"Well it's about time," Matt said looking at Newly. "Where have you been? You should have been back long before me!"Matt scowled as he looked around for Festus. "And where's Festus?"

"We had a bit of trouble on the way back," Newly said looking at Matt.

"I think you better come inside and tell me about it," Matt said clinching his jaw.

"That's about it Marshal," Newly said after recounting the story of how it came to be that Jesse had been killed. "This morning when I woke up, he was gone."

"And you think he went after Carpenter," Matt said thoughtfully as Newly nodded.

"It's the only thing I can think Marshal," Newly said evenly. "He said, Carpenter told him they were going to find the judge that gave his friend such a stiff sentence and asked Festus to go along but he refused and headed out with me."

"What are you going to do Matt," Kitty asked from the other side of the table where she and Doc sat.

"First," Matt said looking at Newly. "I have to warn this Judge Roberts. Second I got to send out a warrant for Carpenter and his men."

"But what if Festus is with them?" Doc asked looking at Matt.

"That's his choice," Matt said picking up his hat. "I can only hope they're stopped before Festus gets to them."


	2. Chapter 2

Matt left the telegraph office after sending off the warning to Judge Roberts and giving Carpenter's name and any of his men to apprehend.

He had made sure to stipulate that they should be taken alive and he be notified if they were.

Matt didn't want to include Festus in with the warrants but there was no clear way of keeping his name out of it, especially if he happened to be with Carpenter when he was taken in.

"Well," Doc said scowling as Matt returned to the Long Branch.

"Well, what?" Matt said returning the Doctor's angry look. "What would you have me do?"

"Go after them," Doc replied swiping at his mustache.

"They've got two days start on us," Matt said harshly. "By the time I got there, what ever is going to happen will all ready have taken place. Festus is a smart man, he knows when to leave well enough alone."

"I hope your right Matt," Doc said. "I really do!"

Festus wasn't sorry he hadn't told Newly he was leaving to go after Carpenter and try to stop him from killing the judge.

Whatever was going to happen was completely on his shoulders and he respected the younger man enough to not drag him into a situation that could be bad for both of them.

Coming into Unionville, Festus had little to go on but a name. Looking around, he spotted the local saloon and decided that would be a good a place as any to looke for Dave Carpenter and his men. But he was disappointed when he walked in and they weren't there.

"What can I get ya stranger," the barkeep asked when he stopped at the bar.

"Just some infermation," he said slowly. "Where would I find Judge Roberts?"

"The Judge," the bartender asked. "Boy he's popular today."

"What do ya mean by that," Festus asked quickly.

"Cause, I just told another fella," the bartender said pointing down the street. "He'd be in his office bout this time a day."

"Is it far?" Festus said as the man shook his head no.

"Just a couple of blocks down," the bartender said as Festus drew his pistol.

"You got a sheriff in this town?" Festus asked the man as he looked at Festus gun before nodding slowly. "You better get him and get down ta the Judges office cause there's bout ta be a killin."

The bartender ran screaming out the saloon's door as Festus headed in the opposite direction to look for Carpenter and his men.

Seeing their horses in the alley behind a stately looking building, Festus tried the door and when it opened he stepped inside.

A loud thump from the top of the stairs immediately caught his attention as he raced upward.

"That's enough boys," Carpenter said as his two trail hands tied up an older grey haired man in a suite.

Festus stayed back in the shadows as he contemplated how best to handle the situation.

But when the Sheriff and four other men busted in though the door and up the stairs, the hillman realized, his chance to do anything had just slipped between his fingers.

"Drop your guns!" the Sheriff yelled as Dave Carpenter and his two men leaped behind furniture in the Judges office and opened fire.

The Sheriff and the other men returned it as Judge Roberts got caught in the cross fire and Carpenter along with his two men each took a bullet.

"Hold it right there whiskers," the Sheriff said leveling his rifle at Festus once the shooting had stopped. "Hand over that gun or you'll get what yer friends here just got.

"They ain't ma friends," Festus replied handing the lawman his weapon. "I came here ta stop them fellers from a doing what they just done."

"That's not the story the bartender told me," the Sheriff said pulling Festus into the light. "He said, you came here to kill the Judge!"

"Wal that's the craziest thing I ever heard," Festus yelled. "I came here to try and stop them from killin the Judge but I was to late. Ma name's Festus Haggen, I'm a United States deputy Marshal under Matthew Dillion."

"Well right now your under arrest," the Sheriff said putting shackles on Festus wrists.

"Sheriff!" one of the men yelled as the lawman turned around. "The Judge is still alive!"

"Good," the sheriff said looking at Festus. "Looks like you just dodged a murder charge mister."

"What about the others," the Sheriff asked as the man shook his head.

"They're all dead," he said covering Carpenter and the two other men with blankets.

"Alright," the sheriff stated. "Get the Judge over to the doctors place, I'm taking this one to the jail." 


	3. Chapter 3

"Marshal," Barney said stepping into Delmonico's later that evening. "Got that telegram from Unionville you was waiting for."

Matt looked at Kitty as he took the paper and tore it open. "Carpenter and his men are dead, the Judge has been wounded and Festus is under arrest and charged with attempted murder," Matt said chagrined. "Looks like I'm going to have to cut dinner short."

Kitty finally found her voice after the initial shock from what Matt had read finally wore off. "What are you going to do?"

"I'm going to get Newly and we're going to Unionville," Matt said with a sigh.

"We'll be back as soon we can," Matt said looking at Doc and Kitty from atop his horse.

"You two be careful now," Doc said tugging at his earlobe. "Your not going to be in Kansas anymore."

"And wire us," Kitty said agitatedly. "If anything happens."

Matt nodded before he and Newly rode out of town.

Festus had to ponder how it was that he let himself get in this situation but worse yet what was Matthew going to have to say about it. He was surly going to find out soon enough.

"Got a telegram back from Marshal Dillion," the Sheriff said stopping outside his cell. "He says to tell you he's on his way here."

Festus nodded as the door busted open behind them.

"Sheriff," the deputy said in one quick breath. "Doctor Fisher says, the Judge is awake if ya want to question him."

"Tell him I'll be there in a minute," the Sheriff said turning back to Festus.

"Maybe now ya get some answers," Festus said scrunching up one eye. "He'll tell ya I didn't have anything ta do with that there attack on him."

"We'll see mister," the Sheriff responded with a smirk. "For your sake he better."

Festus sighed as the Sheriff left him alone once again to his thoughts. Soon enough, Matthew would be there. He'd straighten out the whole mess, Festus was sure of that.

The Sheriff left the Doctor's office with more questions than answers as he headed over to Roberts office.

He wanted to believe the whisker face deputy, but with out the reassurance of Judge Roberts telling him the hillman didn't have anything to do with the attack on his life, there was little the lawman was going to be able to do to keep him from being charged.

"Sheriff Evert," the prosecutor said looking up from his paper work when the lawman entered. "I suppose you saw the Judge?"

"I did," the Sheriff replied quietly. "Doctor Fisher don't know if the memory loss is permanent or not."

"Well, without any witness accounts," the prosecutor said handing the Sheriff a piece of paper. "I have no choice but to charge that Haggen fella with attempted murder."

The Sheriff nodded as he signed the paper before handing it back. "When's the circuit Judge due in?"

"Tomorrow afternoon," the prosecutor said. "He'll be here on the stage."

The Sheriff nodded as he looked at the time. "How long you think he'll get?"

"For almost killing a Judge?" the prosecutor asked with a smirk. "They'll throw the book at him, he'll be lucky to get out of that prison in twenty years." 


	4. Chapter 4

Five days later, Matt and Newly, tired and dusty from the trail, finally arrived in Unionville.

"Not much to look at is it?" Newly said as Matt stopped in front of the jail.

"Well," Matt said brushing himself off. "The town was built mostly for that prison just on the north side of town."

Newly followed as Matt headed up the boardwalk and opened the door to the jail.

An older, grey haired man stood up as the Marshal walked inside.

"Sheriff Evert?" Matt said tipping his hat up as the man nodded. "Marshal Dillion, this is deputy O'Brien. We're here to see about Festus Haggen."

"Yes," the Sheriff said standing up. "I was expecting you sooner."

"We ran into some bad weather," Matt said grimly. "Slowed us down quite a bit."

"Well Marshal," the Sheriff said stone faced. "If you want to see your friend, he's over at the prison."

"Prison?" Matt said with disbelief. "Why is he at the prison?"

"Four days ago, the circuit judge came in and held a preliminary hearing," Evert said. "He has a very tight schedule, so he set up Mr. Haggen's trial for the next day."

"Are you saying that my deputy has already been to trial?" Matt said angrily.

"Tried, found guilty and convicted Marshal," the Sheriff said nodding.

"Uh huh," Matt said crossing his arms. "And how much time did he get?"

"Here's the paperwork, see for yourself," Evert said handing Matt several pieces of paper.

Matt scanned over the notes from the trial before passing the pages to Newly. Coming to the end of the document, he read the sentence aloud. "Fifteen years hard labor in the Unionville prison."

"Fifteen years," Newly said taking the paper as Matt looked at the Sheriff.

"You know we'll appeal this sentence!" Matt said clinching his jaw. "I'll take this all the way to the governor if I have to."

"Do what ever you like Marshal," Evert said harshly. "But you'll find no friends here. Judge Roberts is a good man and well respected, your friend picked the wrong man to mess with!"

"I want to speak to this Judge," Matt stated.

"I'm afraid that's not possible," Evert said returning to his seat. "He's still recovering from his injuries, besides, it won't do you any good to question him about that day. He don't remember a thing."

Matt looked at Newly who returned the lawman's gaze with a slight nod.

"Alright," Matt said folding up the papers from Festus trial. "When can we see my deputy?"

"Visitors are allowed only three days a week, tomorrow being one of them," the Sheriff said pointing down the street. "There's a hotel just down the block, you can get a room and a hot bath."

Matt nodded as he and Newly stepped out onto the boardwalk.

"Now what?" Newly said as Matt sighed.

"Now, I'm going to contact the governor," Matt said climbing onto his horse.

"In the meantime, I'll study those papers and see if there's anything in them we can use to help his case," Newly said as Matt headed toward the hotel.

Festus dropped onto the bench that had served as his bed for the last two nights as the door to his cell clanged shut and the guard turned the key.

No matter what he said, no one had listened, no on had questioned him, even his so called attorney had all but ignored anything he had to say. And, as Festus put it on the day he was found guilty, the yahoo never even made an argument with him or anyone else.

Since being delivered to the prison, shortly after the circuit Judge had read the verdict at his trial, his days so far had been filled with working in the prison yard. Clearing off the land to build a new wing, the prisoner's were given nothing to work with but their bare hands.

In their cell, they were provided with a mattress, blankets, sheets, a pillow, towel, comb and spoon. On the wall hung a copy of the prison rules, which the hillman couldn't read.

But the nights had been the worst, used to the peace and quite of Dodge, the few hours of dark solitude and rest afforded to them was constantly interrupted by the noise of his cohabitants and it grated on his last nerve.

Sleep always came slowly for him these last few nights and when it did, it was always filled with dreams.

"Keep digging you lazybones," the foreman yelled the next day as the prisoners on their knees dug at the soil and pulled up any rocks or roots that could impede the foundation of their project. "I want this area cleared by tonight or you'll be working after dark."

Festus, shackled at the wrists and ankles. dug into his section of land and pulled up what ever he found as a guard approached him.

"You there," he said poking the hillman with a long stick. "Haggen right?"

"Ya," Festus said looking up.

"Come with me," the guard ordered as Festus stood up and followed.

Wiping the sweat from his brow, the hillman trudged slowly behind the guard as he was lead inside the prison and down a hallway.

"You got one hour," the guard said opening the door, he shoved Festus inside. 


	5. Chapter 5

Festus looked up into the forced smile's of Matt and Newly.

"Matthew," he said as he looked at Newly and nodded. "Ya shouldn't have come here."

"You couldn't have kept us away," Matt said putting a hand on his friends shoulder. "I'm going to get you out of here but I need your help to do it."

Festus shook his head as the three men took seats. "There isn't a thing ya can do," Festus said slowly. "In case ya haven't noticed, these people only care about this prison. That there trial was so one sided, I didn't have a chance."

"That's what I thought when I read the notes," Newly said looking at the hillman. "I didn't see where you testified?"

"That dang ol lawyer wouldn't let me," Festus said angrily. "He said, it woulda been bad fer me ta say anything."

"I'm going to petition the governor for a pardon," Matt said. "But first we need to hear your side of the story."

Festus nodded and after he recounted his side of what happened, Matt sighed as he rubbed his forehead. "I wish you would have come to me before coming here."

"And if I did that there Judge would already be dead," Festus said shaking his head. "I couldn't wait Matthew, don't ya see."

"I know," Matt said. "How they treating you, any problems."

"As well as can be expected I suppose," Festus said looking into the Marshal's eyes. "How's things in Dodge?"

"Quite," Matt said with a slight grin. "Doc's taking to arguing with Burke now that your not around."

"That ol scudder," Festus said softly. "You tell him, I said he ain't nothin but a quack!"

"I will," Matt said with a wiry grin.

"And Matthew," Festus said gently. "Tell Ms. Kitty, I miss the Long Branch and her smile the most."

Matt nodded as the guard returned. "Time's up whiskers," the burly man said as Newly and Matt stood up to go.

Festus shook Newly's hand before being patted on the back by Matt. "We'll be back with better news as soon as we can," Matt said softly,

"I hope so Matthew," Festus said trudging out the door leaving the two lawmen alone.

"Hey," the guard said looking at Festus once they were out of hearing range. "What's that Marshal wanting to see you about?"

"That ain't none of yer business," Festus said angrily. "You just never mind."

The guard smiled as he brought Festus back to work in the yard and then returned to the prison's main building and watched as Matt and Newly rode out.

"According to this paper work I got from Sheriff Evert, whiskers claimed he was a deputy Marshal from Dodge City," the Warden said making eye contact with the guard.

"We can't have no Marshal coming around here," the guard said as the Warden nodded. "We got to much invested to be discovered now."

"We got to find some way to get rid of whiskers," the Warden replied.

"Leave that to me," the guard said with a smirk.

"You be carful now Wyatt," the Warden said harshly. "I got a feeling that there Marshal won't accept no accident. If you know what I mean

"Don't you worry bout that Warden," the guard said. "I won't make it look like an accident."

Matt stopped at the telegraph office and sent a promised message back to Dodge, then he asked if one had been sent back from the Governor yet.

"Sorry Marshal, haven't got anything back yet," the operator said shrugging his shoulders. "Try tomorrow."

"Alright," Matt said grimly. "I'll be at the hotel if I get a reply from Dodge."

The telegraph operator nodded as Matt stepped back out onto the boardwalk.

"Anything," Newly asked as Matt shook his head no.

"How'd he look to you," Matt asked looping his fingers though his belt.

"Tired," Newly said evenly. "And he's obviously loosing weight from the forced labor."

"How long you think he could hold out in there?" Matt asked his tone becoming more serious.

"Couple months," Newly said meeting Matt's eyes. "Festus is tough as nails but even a nail will bend when put to heat."


	6. Chapter 6

Doc sat in the Long Branch that evening with Kitty.

"It's just to gosh darn quite," Doc groused as Kitty rolled her eyes.

"Matt will be back any day now with Festus, Doc," Kitty said playfully. "Then we'll have no end to the tongue lashing I'm sure your going to give him."

"Oh no," Doc said pointing a finger at her. "I'm not going to say a word about him running off. As if I would, do you think I honestly care?"

"Yes," Kitty said quickly as the physician scoffed and took a drink from his beer.

Sam smiled as he wiped out a clean glass and set it on the bar and then picked up another one out of the bucket as Barney rushed though the doors of the Long Branch.

"Message from the Marshal," Barney said handing the telegram to Kitty as Doc's eyebrows went up.

"Finally," Doc said swiping at his mustache. "Well, what is it?" he said watching Kitty's face suddenly change to a look of worry.

"Bad news," Kitty said scanning the message again. "Arrived in Unionville,  
Festus already tried and convicted, currently in prison serving fifteen years."

"What in thunder," Doc said taking the message, he then read silently what Kitty had just read aloud.

"I can't believe this," Kitty said looking at the older man. "Can they really do that?"

"Whether they can or can't don't matter now Kitty," Doc said putting the message on the table. "The've already done it!"

"Matt didn't say what he was going to do," Kitty said looking at Barney as the man shrugged.

"That's all I got Ms. Kitty," Barney said quickly. "Would you like to send back a reply?"

"Yes," Kitty said looking at Doc. "Ask what his plans are and tell him we're here to help."

Doc nodded as he tugged at his earlobe. "Fifteen years," he said under his breath. "Would have been less painful just to hang him."

The next day, Festus was pulled from the yard by the same guard that had been on duty the day before.

"I got a special assignment for you," he said leading him into an empty building away from the others. "These rooms have to be cleared of all debris so we can start using them. You'll find everything you need, brooms shovels and buckets," the guard said pointing at the items in the corner.

Festus nodded as he set to work, the guard watched for a moment, then seemingly satisfied, he said, "I've got other duties to attend to. I'm going to trust you here for a bit, don't disappoint me!"

"I kin handle this," Festus said sweeping up the debris before depositing it into a bucket for hauling off.

The guard nodded and left, leaving the hillman alone. Festus took the moment to stretch his back and take a deep breath before the clang of an outer door made him return to his task.

"Well, what have we got here boys," a scrawny looking man said stepping into the room with four other equally looking men.

"What you lookin at," Festus said harshly. "Ain't ya supposed ta be working on sumthin!"

"Not at the moment," the one who had spoken first said. "Right now, we got us some questions, don't we boys!"

"Questions?" Festus said scrunching up his eye. "What kinda questions ya yahoo's a wantin ta ask?"

"We heard rumors," the man said stepping forward. "That you was a lawman?"

"Lawman," Festus said huffily. "Do I look like a lawman ta you?"

"Yes," a voice said from behind them.

"That him," the first man said looking at the man stepping though the door.

"Yep," the man said looking the hillman up and down. "That's the deputy from Dodge that works with the Marshal, he was with him the day I got shot and arrested."

Festus recognized the face but wasn't to sure of the name so he said nothing as the men moved in for the attack.

"Got another one for ya Doc Hill," Wyatt said standing in the doorway of the prison infirmary.

"What happened to this one," the young physician said angrily as the guard deposited the unconscious whisker faced hillman on the bed.

"Got caught up in a prison brawl," the guard said shrugging his shoulders as the Doctor moved toward the bed. "Think he'll make it?"

"Not sure yet," the man said checking Festus pulse. "You can go. I'll keep you informed."

"Fine," the guard said heading for the door. "You let me know if he comes to."

"Yes, of course," the doctor replied quickly as the guard left.

"Brawl," the young doctor said under his breath as he looked at Festus wounds. "Looks like an execution to me." 


	7. Chapter 7

Matt answered the knock on the door of the hotel room he shared with Newly.

"Couple of telegrams for you Marshal," the operator said handing the messages to him.

Matt tore open the first one and then he read Kitty's message, which gave him an idea. "Send a reply," he said as the operator took a note pad and pencil from his pocket. "Contact Harvey, advise of situation, can he help."

"That it," the operator asked and Matt nodded.

"Who's Harvey," Newly said after the operator left.

"James Harvey is the Governor of Kansas," Matt explained. "Just between us, I don't think my messages are getting to the Governor of Texas and between Doc and Kitty, they'll figure out what I want them to do."

"What makes you think the messages are not getting sent," Newly said as Matt handed him the first message he read.

"The Governor's secretary," Newly said reading the message. "Sends his regrets but the Governor isn't taking any requests for pardon's right now."

"That only leaves our request for a new trial which in this town would never be granted," Matt said looking sullen.

Newly sighed deeply and nodded in agreement.

The first thing Festus realized when he came to was that he wasn't dead, which he figured was a good thing except for the pounding in his head.

Opening his eyes, he moaned as the light on the table next to his bed made the pounding in his head worse.

"You're not going to want to move around to much there mister," a young voice said from the foot of his bed. "You'll make yourself sick."

"Who are ya," Festus said opening one eye.

"Doctor Hill," the young man said crossing his arms. "Your in the prison infirmary."

"Ya don't look old enough ta be no Doc," Festus said as the man took a seat beside his bed.

"Trust me," Hill stated with a boyish grin. "Years of schooling says otherwise."

"That don't make no never mind," Festus replied scoffing. "How old are ya?"

"If you must know, I'm twenty five," Hill said gently. "This is my first assignment out of school."

"Twenty five, aww Foot," Festus replied scoffing. "Ma mule is older than you."

"Well perhaps you'd like your mule to tend to your injuries then," Hill said seriously.

Festus had to smile at the young man's retort. "You sound like another Doc I know," he said looking at the younger man. "Didn't mean ta rile ya up."

"You didn't. I've heard it all by now," Hill replied sitting forward. "How do you feel?"

"Headache," Festus said slowly.

"That's to be expected. Those men beat you up pretty good..." he trailed off as the clang of a door from the hall got his attention. "Don't say anything," he whispered as Festus closed his eyes.

"How's he doing Doc," Wyatt said entering the room.

"Not good," Hill replied bringing the blanket up to Festus neck. "He hasn't come to yet. I'm doubtful he will."

"Well, that's to bad," Wyatt said snidely. "Should I let the Warden know?"

"I would, yes," Hill replied taking the hillman's pulse. "You can go, he's not going to be any trouble to me."

"Alright," Wyatt replied. "You will let me know when he's a goner, won't you?"

"Yes," Hill said evenly. "And you don't need to bother me again till then."

"I won't," Wyatt replied as he left.

"It's clear," Hill said watching the guard leave.

"Much obliged ta ya," Festus said opening his eyes. "But why'd ya tell him those things, I ain't dyin."

"No your not but I'm tired of watching what goes on around here," Hill said leaning forward. "If you really were a lawman, maybe you can help stop it."

"Why don't ya tell me what you think is a going on around here first," Festus said curiously.

"Well for starters incase you haven't noticed they only keep the healthiest and strongest prisoners here," Hill said taking a seat. "And everyday they're taken off the prison grounds to do work in the county but I over heard that guard Wyatt and the Warden talking one day. They aren't working for the county, the prisoners are helping the state lay down new railroad lines. The Warden and Wyatt are lining their pockets with money from the railroad for providing them with labor that costs next to nothing."

Festus nodded thoughtfully. "Do ya think that's why that there judge gives such long sentences?"

"I know that's why and I'll tell you something else," Hill said slowly. "That judge knows what happened the day you were arrested, he only told the Doctor to say that he had no memory. I know cause I'm the one that treated him." 


	8. Chapter 8

"Harvey?" Kitty said thoughtfully while passing the message to Doc. "I don't know anyone named Harvey, do you?"

Doc read the message himself before handing it back to Kitty. "No I don't think I do," he said before looking at the telegraph operator. "Wait a minute, the Governors name is James Harvey!"

Barney nodded. "I've sent messages to him for the Marshal before."

"We'll send this one," Doc said eagerly. "Don't leave anything out!"

Matt stopped at the telegraph office the next day and left with a smile on his face. "Kitty says, Harvey received the message and he's going to see what he can do to help," Matt stated reading the telegram aloud.

"That's good news Marshal," Newly said. "I'm sure Festus will appreciate hearing it as well."

Matt nodded as he checked the time. "We better get going if we want to have the whole hour for visitation."

Newly nodded and mounted his horse. As they rode out of town toward the prison, they passed several wagons with prisoners and guards inside.

"Where would they be headed," Newly asked as Matt shrugged his shoulders.

"Perhaps a work detail," the Marshal said thoughtfully.

Arriving at the prison, Matt and Newly were escorted into the Warden's office.

"Look Marshal," the Warden said snidely. "I do my best to keep these men from getting at each other but if one wanders away from his work detail without permission then there isn't anything I can do about protecting them."

"Your telling me that Festus was some where that he didn't belong and that's why he was attacked?" Matt fumed angrily as he looked at the fat cherub faced Warden.

"That's what I was told," the Warden said evenly. "Now if you got a grievance with this prison, you can take it to the Governor. Otherwise, I'm a very busy man, Wyatt here will take you to the infirmary to see your friend."

"I plan on taking a lot of things around here to the Governor," Matt said angrily following the guard out the door. "That's a promise!"

The Warden scoffed as Matt and Newly left but without the evidence to back it up, there wasn't much the Marshal from a different state would be able to do to him.

"Doc Hill," Wyatt hollered stepping into the darkened building.

"Yes," Hill replied meeting the guard and the two strange men in the hall.

"This here is friends of prisoner Haggen," Wyatt said gently. "He still breathing."

"Fortunately," Hill said shooting the guard a nasty look. "Not sure for how much longer."

"We'll be sure and have a pine box ready for ya Doc," Wyatt said looking at the shocked expressions of Matt and Newly. "Sorry gentleman, but got to take care of business."

"You can go Wyatt," Hill said harshly. "We'll discuss what needs to be done later!"

"Sure thing Doc," Wyatt said stepping out the door.

Hill turned to Matt and Newly after he made sure Wyatt was out of hearing range. "I hate that man," he said as Newly nodded.

"I'm not to fond of him or the Warden," Matt stated as Hill beckoned the two men to follow him.

Opening the door to a private room, he watched as Matt and Newly slowly made their way to Festus side.

"Gentleman," Hill said softly. "I'm afraid your friend isn't dying."

"Wal of course not," Festus said opening his eyes. "Did ya ever see a Haggen dead after a beatin?"

Newly laughed as Matt smiled broadly. "Well you look like hell but you surly don't look like a man that's on his death bed," Newly said.

"So why don't you two tell me what's going on here," Matt said firmly.

"Sorry Marshal," Hill said sullenly. "It was my idea. If I tell them he's dying, they'll leave him alone but if I tell them he's recovering, they'll move him back into the population and well next time he may not be so lucky."

"Are you saying they're trying to kill him?" Matt asked the young physician.

"That's what they a tried already Matthew," Festus said trying to sit up.

Newly put a few pillows behind the hillman's head as he continued. "That guard Wyatt set me up."

"There's quite a few things going on around her Marshal that you don't know about," Hill said quietly.

"Then I think you better fill me in," Matt replied. 


	9. Chapter 9

After Doctor Hill told Matt and Newly what he knew about the goings on at the prison, Matt shook his head in disbelief.

"The question is now," Newly said. "What are we going to do, it's obvious we can't leave Festus here, they'll kill him."

"I already got that covered," Doctor Hill said with a sly grin. "You two get ready to leave and look really concerned when you do."

Wyatt lazily leaned against the wall of the Warden's office until he seen the young doctor coming towards him.

"What's going on Doc," he said after seeing the expression on the younger man's face.

"That Haggen fella just passed," Hill said sadly. "His friends are getting the body ready but they've requested to take it home to Dodge for burial and I've come on their behalf for permission."

"We got a wagon," Wyatt said shrugging his shoulders. "I'll get the pine box and let the Warden know."

"Fine," Hill said sullenly. "I'll tell them."

"And hey Doc," Wyatt said slowly. "Don't feel to bad, I'm sure you did everything you could."

Hill nodded as he headed back toward the infirmary. He caught Wyatt smiling from the corner of his eye as he quickly entered the Warden's office.

"It's all set," Doctor Hill said once he returned to where Matt and Newly waited. "Wyatt is bringing a wagon and the pine box now."

Matt nodded grimly as he realized by carrying out this guise he was in essence breaking the law that he as a lawman always swore to uphold. But it was either this or a friends life and given the choice, he would have to chose Festus over the law.

"Here he comes," Doctor Hill said meeting the guard at the door.

Newly stepped forward and took the simple pine box from the guard.

"Wagon is ready for you to take the body to town," Wyatt said handing Matt some papers. "The Warden needs your signature on these forms to release the body to you."

Matt took the papers and signed them before handing them back to the snide guard.

"The Warden extends you his condolences," Wyatt said putting the papers in his pocket.

"I'm sure he does," Matt said sarcastically as Newly and Doctor Hill gently carried the box to the door.

"We're ready," Doctor Hill said looking at Wyatt. "I'll see them to the train depot and bring the wagon back."

"Good idea Doc," the guard said watching the men load the coffin inside the wagon before the Doctor drove it to the gate.

Matt and Newly followed on their horses. Once they arrived in town, the Doctor stopped the wagon at the train depot.

"This will be the quickest way out of town," the doctor said looking around. "There's eyes for the prison every where if you know what I mean."

Matt nodded as the Doctor continued. "If you'll trust me with your horses, I'll see to it that they get back to Dodge."

"That's fine with is," Matt said looking at Newly. "If you just see that they are stabled, once we get back to Dodge, I plan on returning with some enforcement to clean this prison up!"

"We thank you for your trouble," Newly stated as the train pulled in and stopped.

"Wasn't any trouble," Hill said slowly. "Perhaps I will see you again, if I pass though Dodge on my way back east."

"I hope so," Matt said shaking the young man's hand before he and Newly loaded the pine box into the baggage car.

"Where ya headed mister?" the conductor asked looking at the simple coffin.

"Dodge City Kansas," Matt replied. "Any problem with my friend and I riding back here."

"Your choice," the conductor said shrugging. "It's a one day trip."

"Fine," Matt replied. "We don't mind."

Once the train got under way, Newly locked the door as Matt opened the lid of the coffin.

"How you doing in there," Matt asked as Festus grimaced.

"Don't like being dead Matthew," he said with a wiry grin. "Can't wait ta get back ta Dodge."

"Well it's going to be an experience for sure but we got to keep this up until we're sure no one from that town or prison see's you alive," Newly said evenly.

"And once we get there," Matt continued. "We'll have to keep the fact that your alive under wraps until I can get back to take care of that prison."

"Matthew," Festus said sitting up. "What about ol Doc and Ms. Kitty they don't know this ain't fer real."

"I thought about that," Matt replied worriedly. "But if this is going to work, everyone, even your friends has to think your dead."

Newly nodded in agreement as Festus shook his head. "Sure didn't want ta put you in a situation like this," he said sorrowfully.

"What are friends for," Matt said with a grin.

As the train pulled into Dodge the next afternoon, Burke stood on the platform waiting for some freight.

"Burke," Newly said after stepping out of the baggage car.

"Newly," the freight officer said surprised. "What are you doing on the train."

"Don't worry about that right now," Newly said firmly. "Go get Percy Crump for me will you."

Burke looked beyond Newly and his mouth fell open when he see the Marshal talking to the conductor with a pine coffin between them. 


	10. Chapter 10

"And Burke," Newly said meeting the man's eyes. "Try to be quiet about it, we don't want a bunch of upset folks."

"Oh ya," Burke said nodding. "Sure thing Newly."

While Burke hurried to get Percy Crump, Newly waited at the train depot as Matt headed to the Long Branch.

He knew, he had to be the one to inform Kitty before she found out from someone else or saw them taking the coffin into Percy Crump's.

He hated having to lie to her, but he had seen at least four people get off the train that had ridden from Unionville. While it wasn't out of the ordinary to have salesmen and the like get off at each and every town they came to, Matt couldn't take the chance of the Warden finding out Festus was alive before Matt was able to have the prison raided and the corruption exposed.

Stepping into the Long Branch, he watch Kitty as she interacted with Sam but then her mouth stilled as she made eye contact with Matt.

"Kitty," he said taking the woman by the arm. "I have something to tell you."

"Matt," Doc said stepping into the double doors of the Long Branch. "What are you doing here?"

"I was just going to ask the same thing," Kitty said looking into Matt's eyes and after sensing something, she asked. "What's wrong?"

"I need both of you to remain calm," Matt said. "I don't need a lot of upset townsfolk to deal with."

Kitty shivered suddenly afraid of what he was going to say as Doc stepped out of the Long Branch in time to see Newly following the cart that Percy Crump pushed toward his place.

"Just say it Matt," Doc said firmly as the Marshal and Kitty stepped out of the Long Branch.

"Festus is at Percy Crump's," Matt said taking Kitty's arm he propelled her toward the undertakers.

Newly helped Percy take the coffin off the cart. "Put it here on the floor," he said as the undertaker complied.

"Listen Percy," Newly said looking at the man. "What your about to see, goes no further than this room, can I trust you?"

"Of course," the man replied some what surprised as Newly lifted the lid.

"We're here," Newly said as Festus pulled off the sheets and sat up.

"Golly Bill Newly," he said looking around. "From the coffin to the parlor."

"I don't understand," Percy said as Newly helped the hillman out of the box, he ignored the undertakers question at the moment.

"We need to keep him some where," Newly said looking at the undertaker.

"In here," Percy Crump said leading the way down a back hall to a windowless room loaded with extra chairs and sofa's.

"How you feeling," Newly asked when he felt his friend wince.

"Sore," Festus said as Newly headed for the nearest sofa. "Being in that there box for two day's just about kilt me."

Newly chuckled as the front door opened. "Remember, don't say anything," he said looking at Percy.

The undertaker quickly left to place the empty pine box atop two saw horses, with a drape on the bottom just as Kitty, Matt and Doc walked in.

Newly stepped out from the back room and nodded at Matt as Kitty and Doc looked at the pine box and held each other.

"I need you two to remain calm," Matt reiterated. "Like I said, we don't need a bunch of upset folks."

"How can you say that Matt," Kitty said harshly. "He was your friend!"

Matt clinched his jaw as he took Kitty and Doc's arm and lead them to the back room.

"Why in thunder are you taking us in here," Doc yelled as Kitty stepped in first followed quickly by Doc and then Matt.

"This is why," Matt said slowly as Doc looked from Festus to Matt.

"He's not...dead," Doc said excitedly. "Why isn't he dead!"

"Wal that's a silly thing ta ask ya ol quack," Festus groused.

Doc scoffed as he walked over to where the hillman who sat on the sofa. "You look like hell," Doc said noticing the bruises. "What happened any way?"

"Yes," Kitty said finally finding her voice. "Why is he here?"

"That's a little more complicated," Matt said. "But this was the only way to get him out of that prison alive, they were trying to kill him."

"Oh Matt," Kitty said handing the Marshal a piece of paper. "You got a message back from the Governor."

"I knew you would figure it out," Matt said taking the message he read it quickly. "He's ready to help however he can. I have to send a telegram, I'll be right back."

"I still don't understand," Kitty said as Festus pushed Doc's hand away.

"Stop yer pokin," he said. "I'm fine."

"Then what's that gash from," Doc said putting on his glasses. "And who stitched it up, that don't look like Newly's work."

"Was the Doc in the prison," Festus said softly. "Youngin, only twenty five, he said but I think he was fibbin."

"Looks pretty good," Doc said picking up Festus hand, he clicked his tongue at the scabbed over sores from the shackles that dotted his wrist. "I should have brought my bag."

"I got it," Newly said sheepishly looking at Kitty. "Told Burke you was so overcome with emotion, that Doc needed some smelling salts."

"Your a pretty good liar Newly," Doc said taking his bag. "You and Matt both."

"What about me," Festus said wearily. "Don't the corpse get any of the credit."

"You hush," Doc said picking up some gauze and a salve. "Before I make you a corpse! Running off like that scaring us half to death!"

"Phaw...You talk like ma foots asleep," Festus said scowling.

"What happened anyway," he said gently. "Looks like you were beat."

"I was," Festus replied closing his eyes, deciding the best way to get out of Doc's ministrations was just to fall asleep and let him do it.

"We better get out there to keep up appearance's," Newly said looking at Kitty.

"Doc," Kitty said softly as the physician covered Festus with a blanket.

"He'll be fine here," Doc said. "He's just exhausted." 


	11. Chapter 11

Kitty, Doc and Newly stayed in the back of the Parlor and watched as most of the town by now had found out that Festus was 'dead'.

"How long are we going to have to keep this up?" Kitty said as one mourner after another filed in.

"At least until the Marshal says it's safe to let everyone know he's actually alive," Newly replied as Matt stepped in.

"What's going on Matt," Doc asked as the Marshal shook his head.

"Not here," he said whispering. "We'll talk later."

At that moment, Louie shuffled in and it was all Doc and Kitty could do to comfort one of Festus best friends.

"Matt," Kitty said as Doc escorted Louie to the door. "I don't know how much longer I can do this."

"It won't be much longer," he said as the last of the mourners slowly made their way out.

"Percy," Matt said looking at the undertaker. "Lock that door and don't let anyone else it."

The undertaker did as Marshal ordered. Matt then opened the telegram and read it aloud.

"From the Governors office," Matt stated. "Contact made in Texas with Governor, advised situation of Unionville prison. Sending in troops, will keep you informed."

"Well," Doc said swiping at his mustache. "Hopefully this will end it."

"End what," Festus said from the doorway.

"What are you doing up?" Doc said shuffling toward him. "Get back in there if you don't want some one to see you and get both Matt and Newly in a lot of trouble."

"Wal I just ta wanted ta find out what was going on," Festus said as Doc made him retreat back into Percy's store room.

"We'll tell you what's going on when we find out ourselves," Doc said making the deputy take a seat. "In the meantime, you're just going to have to stay here so that no one gets in trouble for bringing you out of that prison, understand!"

"Ya," Festus said worriedly. "I don't want Matt and Newly ta get in ta any trouble Doc."

"Well I know you don't but we just got to be patient and wait," Doc said. "Matt got a telegram from the Governor, he's already got things going so as soon as we know what's going on, you'll know."

"Wal I hope it's soon," Festus said wearily. "I'm tired of hiding in here."

"I'll bring you something to eat, that'll make you feel better," Doc said with a nod.

"Any thing new," Kitty asked later that night as Matt stepped into the Long Branch.

"Not yet," he said tipping his hat up. He looked around at the people inside and smiled at the subdued atmosphere. "Well, I'll tell you one thing, I've seen more excitement at a wake, then you got going on in here."

"Oh, Matt," Kitty whispered. "Everyone's just so upset over Festus."

"He was one of da best," Louie said slurring his words he brush Matt as he walked by.

"See what I mean," Kitty said sighing.

"I know, I know," Matt said leaving the Long Branch he looked around before heading to Percy's.

"Marshal," the undertaker said letting him inside.

"Doc with Festus," Matt asked as Percy nodded.

Matt made his way to the storage room and opened it to find Doc and Festus playing a game of checkers.

"Matthew," Festus said as Doc nodded.

"Well, you look pretty good for a dead man," Matt said noticing the clean clothes Doc had brought.

"That ain't very funny," Festus said looking sullen. "Anything new yet?"

"No," Matt replied softly. "More than likely we won't hear anything till tomorrow."

"Ha!" Doc said making a move. "Try and get out of that!"

Festus took a moment to study the board and quickly made his move. "I got ya, ya ol scudder, think you so smart cause you got all that there book learning!"

"What in thunder!" Doc groused looking over the board as Festus beamed.

"Marshal," Percy said from behind Matt. "Everything's ready for the burial tomorrow."

"Yer gonna bury the box," Festus said looking bemused.

"We have to if we want to keep up the appearance that your dead," Matt stated. "I was hoping to get a telegram before then."

"By the way," Doc said looking at the hillman. "What would you like me to say, Matt and I are delivering the eulogy."

"Eulogy...ma foot," Festus said crossing his arms. "Can't wait ta hear this!"


	12. Chapter 12

The next day, Doc stood with Kitty, dressed in attire that one would wear to a funeral and followed Matt and Newly to the city's cemetery with the simple pine box.

"This is ridicules," Doc said barely above a whisper while standing next to Kitty. "What do I say about someone who isn't even dead!"

"Let's just assume for the moment that he is," Kitty said softly. "What would you say about Festus? You can speak from the heart can't you?"

"About Festus?" Doc said scoffing. "I have nothing good to say, that's the problem!"

Kitty smiled as she nudged the older man. "I don't believe that for a moment, Doc."

Kitty couldn't help but dab at her eyes when she seen the turn out from the town and the raw emotion from those assembled.

At least she and Doc had been spared by the truth but it was still sad to see those who didn't know, so upset over Festus demise.

Matt stepped forward once it was time for the Marshal to deliver the eulogy of his friend.

"Doc," Matt said with a slight grin as he beckoned the man forward. "I think you should go first."

"What can I say about Festus Haggen," Doc said tugging at his earlobe. "I'll tell you what I would say, I'd say he was a stubborn, mule headed man. But more than that, he was also honest, dedicated, respected and he loved his friends to a fault.

Doc took a deep breath before he continued, finding his voice suddenly became difficult.

"The first time I met Festus," Doc said putting his hands into his pockets. "I wasn't to sure about the nature of his character and I know over the years there's been reason's to question mine but one thing I know, Festus Haggen was a man of good character and their has never been a question about that! And I was always proud to call him my friend."

Kitty nodded as Doc shuffled over to stand beside her. "That was beautifully said."

"And if you repeat any of it to him I'll deny it all," Doc said swiping at his mustache. Kitty smiled as Matt stepped forward to speak.

"Marshal," Barney said sliding up behind the lawman. "You wanted to know as soon as that telegram came in from the Governor."

"Thank you Barney," Matt said taking the message, he opened it and quickly scanned it.

Folding the message, Matt clinched his jaw and looked at the assembled members of town.

"Percy," Matt said turning to the undertaker. "Tell everyone what's in that box!"

"Marshal," Percy Crump said bewildered.

"Is there a body in that box," Matt asked.

"No," Percy said as several people gasped and questions and comments started being thrown about.

"If everyone will assemble at the Long Branch," Matt said firmly. "Everything will be explained shortly."

Kitty, Doc and Newly joined Matt as everyone slowly made their way toward the Saloon.

"I assume it's good news," Doc said looking at Matt.

"Very good news," Matt said. "Let's go see Festus!"

"What you doing with Newly and the Marshal's horse," Hank said as the young man handed him the reins.

"I brought them back from Unionville," Hill said evenly. "Where would I find the Marshal?"

"Try the Long Branch," Hank said pointing down the street. "They got a party going on!"

"Oh, alright," Hill replied. "I'll find it."

Hill was a little surprised that the town wasn't busier than what it was but when he arrived at the Saloon, it was apparent why.

Stepping inside, the young doctor looked around and flashed his boyish smile when he made eye contact with Kitty.

"Can I get you something," Kitty asked as Newly clapped the man on the shoulder.

"I didn't think we'd see you so soon," Newly said shaking the man's hand.

"Well," Hill said with a slight smile. "After you left, I turned in my notice and got out of town."

"Well it's a good think you did," Newly said. "There's a few people who would love to see you."

Swinging the young doctor around, Newly pushed him though the throng of people and over to the table where Festus sat with Doc and Matt.

"Wal look who's here," Festus said as the younger man shook the hillman's hand.

"Mister Haggen," Hill said smiling. "I'm glad to see you again."

"Doc," Festus said excitedly. "This is the youngin I was telling you about."

"Well sit down, son," Doc said patting the chair beside him. "What did you say your name was?"

"Hill sir," the young man said. "George Hill."

"Well, I thank you did a terrific job with Festus," Doc said swiping at his mustache.

"And you'll be happy to know that Unionville prison is now under the authority of the state," Matt said as Kitty brought the young physician a beer.

"Ya better check his age there Ms. Kitty," Festus said laughing.

George Hill smirked as he sipped his beer. "Well, I might have fibbed just a bit when I said I was twenty five," he said sheepishly. "I'll be twenty five next month. Oh, that reminds me," he said pulling out a black leather book, he handed it to Festus. "I thought you might want this."

Festus took the leather bound, well worn bible and ran his hand over it. "This was Jesse's," he said quietly. "I thought I lost it. Thanks Doc!"

"Your welcome," Hill replied as Doc nudged him.

"Where are you headed now," Doc asked.

"I'm going back east," Hill said evenly. "I've decided to start my own practice at home."

"Wal, can you at least stay a few days," Festus asked. "We could go fishing."

"Well, ya," Hill replied. "That would be great."

"Wait a minute," Doc said looking from Festus to Hill. "You don't want him taking you fishing, I'll take you."

"Wal you ol scudder," Festus said snidely. "You jus think I can't show no one how ta fish cause I use a bamboo pole and not one of those fancy poles like you use."

"Exactly," Doc said. "And thank you for confirming it."

"Aww foot," Festus said taking a sip of his beer. "At least he ain't no quack like you."

Hill smirked as Doc turned to the young physician. "Don't listen to him," Doc said winking. "Why would you, he's dead remember!" 


End file.
